As we have seen over the past several years, safeguarding your real estate during a down market involves shielding your assets from legal risks, market shifts, and other uncertainties. These challenges require a proactive asset protection approach. Below, we outline three essential steps you can take to ensure the future security of your business.

Defining who is part of the "general public" and who is not emphasizes the importance of pre-existing, substantive relationships with potential investors. At its core, the rule is based on trust between the investor and the syndicator, which is a fundamental part of unregistered, private market investments.

Investors and businesses alike find themselves in a quandary understanding the dynamics of Rule 506, which was long the standard in the investment world. The rule offers an exemption to investors from the requirement of registering securities. Come 2013, a new rule was introduced - Rule 506(c), authorized by the JOBS Act (Title II), changing the landscape. With the old Rule 506 now rebranded as Rule 506(b), it's easy to get lost in the maze.

Real Estate investors routinely form limited liability companies to hold assets. Owning real estate often requires registration in the state where the investment property is located, but investors are often lured by "business friendly" locations to take advantage of what they perceive are tax benefits and maintaining anonymity.

Business owners often make a number of mistakes that can result in a court piercing the corporate veil. This could lead to personal liability for the owners, as the court may consider their business to be their "alter ego" rather than a legally separate entity. We outline the legal steps business owners need to take in order to protect themselves from being held personally liable for the debts and actions of their businesses.

Considering the complexity of the CTA and the continuous updates by FinCEN, it is crucial for companies to fully understand the reporting requirements.

As a business owner or real estate investor, is likely the last thing you think you have time to do at the end of the year. However, it can easily be delegated to your outside legal counsel and accounting team.

As you approach retirement age, it's likely that you have amassed more than when you first started out. Moreover, you have gained a wealth of life experience that has shaped your goals and values. If you have children, they have now entered adulthood. This provides an opportune time to revisit your estate plan to reflect potential changes in your financial circumstances since the initial drafting of your documents, your long-term healthcare needs, and the implications of your children's transition to adulthood.

Getting a start in real estate can require a significant capital investment that may be out of reach for many individuals. One way to overcome this hurdle is by investing with your family and friends who may not have experience managing or operating real estate investments but want to invest in real estate projects with an experienced operator or developer.

Whether you're already a parent or planning to become one, it's time to start considering estate planning measures to protect your children and their future inheritance.